Article 1
The financial provisions applicable to the implementation and control of...
Article 2
This Decision shall take effect on the day of its...
Article 3
This Decision shall be published in the Official Journal of...
ANNEX
FINANCIAL PROVISIONS APPLICABLE TO THE GENERAL BUDGET OF THE EUROPEAN DEFENCE AGENCY (Agency)
TITLE I
ANNUALITY
Article 1
(1) The Chief Executive may make transfers from one title...
Article 2
(1) Appropriations which have not been used at the end...
TITLE II
IMPLEMENTATION OF THE GENERAL BUDGET
CHAPTER 1
Financial actors
Section 1
Principle of segregation of duties
Article 3
The duties of authorising officer and accounting officer shall be...
Section 2
Authorising officer
Article 4
(1) The Chief Executive shall perform the duties of authorising...
Article 5
(1) The authorising officer shall be responsible for implementing revenue...
Section 3
Segregation of duties of initiation and verification of an operation
Article 6
(1) Initiation of an operation shall mean all the operations...
Section 4
Management and internal control procedures
Article 7
The management and internal control systems and procedures shall be...
Section 5
Accounting officer
Article 8
The Agency shall appoint an accounting officer from amongst the...
Article 9
(1) The accounting officer shall be responsible in the Agency...
Article 10
The accounting officer may, in the performance of his duties,...
Section 6
Imprest administrator
Article 11
For the payment of small sums and for the collection...
CHAPTER 2
Liability of the financial actors
Section 1
General rules
Article 12
(1) Without prejudice to any disciplinary action, authorising officers by...
Section 2
Rules applicable to authorising officers by delegation or subdelegation
Article 13
(1) The authorising officer may be required to make good,...
Section 3
Rules applicable to accounting officers and imprest administrators
Article 14
An accounting officer may be required to make good, in...
Article 15
An imprest officer may be required to make good, in...
CHAPTER 3
Revenue operations
Section 1
Making available the Agency's revenue
Article 16
An estimate of revenue constituted by miscellaneous revenue and the...
Section 2
Estimate of amounts receivable
Article 17
(1) An estimate of the amount receivable shall be made...
Section 3
Establishment of amounts receivable
Article 18
(1) Establishment of an amount receivable is the act by...
Section 4
Authorisation of recovery
Article 19
(1) The authorisation of recovery is the act whereby the...
Section 5
Recovery and default interest
Article 20
(1) The accounting officer shall act on recovery orders for...
Article 21
(1) Any amount receivable not repaid on the due date...
CHAPTER 4
Expenditure operations
Article 22
(1) Every item of expenditure shall be committed, validated, authorised...
Section 1
Commitment of expenditure
Article 23
(1) The budgetary commitment is the operation reserving the appropriation...
Article 24
(1) In respect of any measure which may give rise...
Article 25
(1) When adopting a budgetary commitment, the authorising officer responsible...
Section 2
Validation of expenditure
Article 26
Validation of expenditure is the act whereby the authorising officer...
Section 3
Authorisation of expenditure
Article 27
Authorisation of expenditure is the act whereby the authorising officer...
Section 4
Payment of expenditure
Article 28
(1) Payment shall be made on production of proof that...
Article 29
(1) Payment of expenditure shall be made by the accounting...
Section 5
Time limits for expenditure operations
Article 30
(1) Sums due shall be paid within no more than...
CHAPTER 5
IT systems
Article 31
Where revenue and expenditure operations are managed by means of...
CHAPTER 6
Internal auditor
Article 32
The Agency shall establish an internal auditing function which must...
Article 33
(1) The internal auditor shall advise the Agency on dealing...
Article 34
Special rules applicable to the internal auditor shall be laid...
TITLE III
PROCUREMENT
CHAPTER 1
General provisions
Section 1
Scope and award principles
Article 35
(1) Public contracts are contracts for pecuniary interest concluded in...
Article 36
(1) All public contracts financed in whole or in part...
Section 2
Publication
Article 37
(1) All contracts exceeding the thresholds provided for in the...
Section 3
Procurement procedures
Article 38
(1) Procurement procedures shall take one of the following forms:...
Article 39
The Directives of the European Parliament and of the Council...
Section 4
Call for tenders
Article 40
A full, clear and precise description of the subject of...
Article 41
Participation in tendering procedures shall be open on equal terms...
Article 42
Where the Multilateral Agreement on Government Procurement concluded within the...
Article 43
(1) Candidates or tenderers shall be excluded from participation in...
Article 44
Contracts may not be awarded to candidates or tenderers who,...
Article 45
The Agency shall establish a central database containing details of...
Article 46
Administrative or financial penalties may be imposed by the contracting...
Article 47
(1) The selection criteria for evaluating the capability of candidates...
Article 48
(1) The arrangements for submitting tenders shall ensure that there...
Article 49
While the procurement procedure is under way, all contacts between...
Article 50
(1) The authorising officer shall decide to whom the contract...
Article 51
The contracting authority may, before the contract is signed, either...
Section 5
Guarantees and control
Article 52
The contracting authority may and, in certain cases provided for...
Article 53
(1) Where the award procedure or performance of the contract...
CHAPTER 2
Implementing modalities
Article 54
(1) A framework contract is a contract concluded between the...
Section 1
Publication
Article 55
(1) In the case of contracts covered by the public...
Article 56
(1) Contracts with a value below the thresholds provided for...
Article 57
(1) The Office for Official Publications of the European Communities...
Article 58
(1) In addition to the advertising provided for in Articles...
Section 2
Procurement procedures
Article 59
(1) Contracts shall be awarded by call for tender, using...
Article 60
(1) In a restricted procedure, including the procedure referred to...
Article 61
In negotiated procedures, the Agency shall negotiate with tenderers the...
Article 62
(1) The rules for the organisation of a contest shall...
Article 63
(1) The Agency may use the negotiated procedure without prior...
Article 64
(1) The Agency may use the negotiated procedure after having...
Article 65
(1) A call for expressions of interest shall constitute a...
Article 66
(1) A restricted procedure with at least five candidates being...
Article 67
The thresholds for publication of a pre-information notice shall be:...
Article 68
The thresholds referred to in Article 39 shall be: EUR...
Article 69
(1) Documents relating to the invitation to tender shall include...
Article 70
(1) Technical specifications shall afford equal access for candidates and...
Article 71
(1) The documents relating to the invitation to tender shall...
Article 72
(1) Without prejudice to the application of penalties laid down...
Article 73
(1) The contracting authority shall accept, as satisfactory evidence that...
Article 74
(1) The Agency shall draw up clear and non-discriminatory selection...
Article 75
(1) Proof of economic and financial capacity may be furnished...
Article 76
(1) The technical and professional capacity of economic operators shall...
Article 77
(1) Contracts shall be awarded in one of the following...
Article 78
(1) If, for a given contract, tenders appear to be...
Article 79
(1) The time limits for the receipt of tenders and...
Article 80
(1) Provided that the request was made in good time...
Article 81
(1) Where duly substantiated urgency renders impracticable the time-limits laid...
Section 3
Processing of tenders and requests to participate
Article 82
(1) Requests to participate shall be submitted by letter, fax...
Article 83
(1) All requests to participate and tenders that satisfy the...
Article 84
(1) All requests to participate and tenders declared as satisfying...
Article 85
The present financial provisions shall not affect existing measures taken...
TITLE IV
CONTROL, AUDIT AND PRESENTATION OF ACCOUNTS
Article 86
Every three months the Chief Executive shall present to the...
Article 87
(1) An external audit of the expenditure and revenue administered...
Article 88
(1) By 31 March following the end of the financial...
Article 89
(1) The balance from each financial year shall be entered...
Council Decision 2004/658/CFSP
of 13 September 2004
on the financial provisions applicable to the general budget of the European Defence Agency
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to Council Joint Action 2004/551/CFSP of 12 July 2004 on the establishment of a European Defence Agency and in particular Article 18(1) thereof ,
Whereas:
(1)
Joint Action 2004/551/CFSP provides that the financial provisions applicable to the general budget shall be approved by the Council, acting by unanimity. The Steering Board shall, within one year of the adoption of that Joint Action review and amend these provisions, as necessary.
(2)
The Steering Board, when reviewing these provisions, should respect the provisions of Directive 2004/18/EC of the European Parliament and of the Council of 31 March 2004 on the coordination of procedures for the award of public works contracts, public supply contracts and public service contracts , and should also address the issue of contracts to be concluded by the Agency in the fields where Directive 2004/18/EC does not apply and where a Member State may take national measures under Article 296 TEC.
(3)
Joint Action 2004/551/CFSP furthermore provides that the Steering Board, acting on a proposal from the Chief Executive, shall as necessary adopt the implementing rules regarding the implementation and control of the general budget, notably as regards public procurement, without prejudice to relevant Community rules. The Steering Board shall ensure, in particular, that security of supply and protection both of defence secret and intellectual property rights requirements are taken into account in a proper manner.
(4)
The financial provisions and rules referred to in the Annex are not applicable to ad hoc projects and programmes as referred to in Articles 20 and 21 of Joint Action 2004/551/CFSP. The Steering Board should endeavour to establish provisions and rules for ad hoc projects and programmes.
(5)
The European Defence Agency's initial general budget for 2004 is focused on start- up arrangements and financial provisions should be provided without delay to allow for its smooth implementation,
HAS DECIDED AS FOLLOWS:
OJ L 245, 17.7.2004, p. 17.
OJ L 134, 30.4.2004, p. 114.